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Decree No. 5806, June 19 2006

Original Language Title: Decreto nº 5.806, de 19 de Junho de 2006

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DECREE NO 5,806, DE June 19, 2006.

Promulga the Convention Relative to Registration of Objects Lanted in the Cosmic Space, adopted by the United Nations General Assembly on November 12, 1974, and by Brazil on March 17, 2006.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved the text of the Relative Convention to the Register of Objects Launched in the Cosmic Space, through Legislative Decree no 31 of February 21, 2006 ;

Considering that the Brazilian Government has ratified the cited Convention in 6 of March 2006 ;

Considering that the Convention entered into international vigour on September 15 of 1976, and to Brazil on March 17, 2006 ;

DECRETA:

Art -1st A Convention Relative to the Register of Lanted Objects in Space Cosmic, adopted by the United Nations General Assembly on November 12, 1974, and by Brazil on March 17, 2006, apensa by copy to this Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd They are subject to approval by the National Congress any acts which may result in revision of the said Convention or entailing charges or commitments to the national heritage, in accordance with the Art. 49, inciso I, of the Constitution.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, June 19 of 2006 ; 185th of Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

CONVENTION ON THE REGISTRATION OF OBJECTS LAUNCHED

NO COSMIC SPACE

The States Parties to this Convention:

-recognizing the common interest of all mankind in the development of the exploration and use of the cosmic space for peaceful purposes ;

-recalling that the Treaty on the Regulatory Principles of States' Activities in Exploration and Use of the Cosmic Space, including the Moon and other Celestic Corpos, of January 27, 1967, provides that states must take international responsibility for their national activities in the cosmic space and refer to the State in which if register each object released to the cosmic space ;

-recalling, too, that the Agreement on the Salvation and Return of Astronauts and Restitution of Objects Launched to the Cosmic Space, April 22, 1968, establishes that the launcher authority, when requested, must provide the identification data, prior to restitution, of an object by it launched into the cosmic space and found outside the territorial limits of the launcher authority ;

-recalling, still, that the Convention on International Responsibility for Damages Caused by Spatial Objects, March 29, 1972, sets international norms and procedures regarding the responsibility of the launchers states for the damage caused by their spatial objects ;

-wishing, in the light of the Treaty on the Regulatory Principles of the Activities of States in Exploration and Use of the Cosmic Space, including the Moon and too many Celestic Body, adopt provisions for national registration by the launch states of the spatial objects by them launched into the cosmic space ;

-desiring, hereinafter, to institute the mandatory central register of the objects launched into space cosmic, to be held by the Secretary-General of the United Nations ;

-desiring, too, to provide the States with additional means and procedures to assist in the identification of space objects ;

-convinced that a mandatory system of registration of the objects launched into space will help, in particular, its identification and will contribute to the application and development of International Law that regulates the exploration and use of cosmic space ;

came up in the following:

ARTICLE 1st

For purposes of this Convention:

a) The Term "launcher state" means:

(i) the state that launches or promotes the launch of a spatial object ;

(ii) The State of whose territory or base is launched a spatial object ;

b) The term "spatial object" includes the component parts of a spatial object as well as its propulsor vehicle and respective parts ;

c) The term "state of registration" applies to the launcher state, on whose registration register an object spatial, in accordance with Article 2nd

ARTICLE 2nd

1-When a space object is launched into orbit around the Earth or beyond, the launcher state you should register it in a suitable record that it will own. Each launcher State shall inform the Secretary-General of the United Nations of the creation of this registration.

2-When there are two or more ember states related to any spatial object, they shall jointly decide which of them shall register the object, in accordance with the Paragraph of this Article, taking into consideration the provisions of Article 8th of the Treaty on the Regulatory Principles of States Activities in the Exploration and Use of the Cosmic Space, including the Moon and other Celestic Body, without prejudice to the agreements concluded or to be concluded between launched states over the jurisdiction and control of the space object and any of its crewmembers.

3-The contents of each registration and the conditions of your administration will be determined by the respective state of registration.

ARTICLE 3rd

1-The Secretary-General of the United Nations should maintain a record in which if will file the information provided in accordance with Article 4th.

2-Access to the information contained in this register will be full and free.

ARTICLE 4th

1-Each registration state should provide to the Secretary-General of the United Nations, in the as soon as possible, the following information about each spatial object, inscribed on its registration:

a) Name of the state or states launchers ;

b) An appropriate designation of the spatial object or its registration number ;

c) Date and territory or place of launch ;

d) Basic orbital parameters, including:

(i) Nodal period ;

(ii) Inclination ;

(iii) Apogeu ; and

(iv) Perigeu ;

and general function of the spatial object.

2-Each registration state will be able to provide, from time to time, to the Secretary-General of the Organization from the United Nations additional information about a spatial object inscribed on its record.

3-Each state of registration shall notify the Secretary-General of the United Nations, in the as much as possible and within the faster time it can, on the spatial objects, regarding which it has, before, provided information, and which, having been placed in orbit, no longer find themselves in this orbit.

ARTICLE 5th

When a spatial object launched into Earth's orbit, or more beyond the cosmic space, is marked with the designation or registration number, referred to in § 1st (b) of Article 4th, or with both, the State of Registration shall notify this fact to the Secretary-General of the United Nations when providing him with information on the spatial object, of arrangement with Article 4th. In this case, the Secretary-General of the United Nations should incorporate the notification to his registration.

ARTICLE 6th

When the application of the devices of this Convention does not allow a State-Party to identify a spatial object that has caused you damage, or to any of your physical or legal persons or that is of a dangerous or harmful nature, the other States, including, and in particular, the possessor states of observation facilities and spatial tracking shall, to the widest extent possible, respond to the request, formulated by this State-Party or forwarded, on its behalf, by the Secretary-General of the United Nations, of aid in equestrial and reasonable conditions for the identification of such an object. When submitting this application, the State-Party should provide the widest possible information about the timing, nature and circumstances of the facts that gave rise to the request. The conditions under which such aid will be provided will be the subject of agreement between the parties concerned.

ARTICLE 7th

1-In this Convention, exceptions 8th and 12, references to States shall apply also to any international intergovernmental organization that carries out space activities, if this declares that it accepts the rights and obligations provided for in this Convention and if a majority of the Member States of such an organization are States Parties to this Convention and the Treaty on the Regulatory Principles of States Activities in the Exploration and Use of Cosmic Space, including the Moon and too many Celestic Body.

2-Member States of such an organisation that are Parties to this Convention shall adopt all measures suitable to ensure that the organization makes a declaration in accordance with the § 1st Article.

ARTICLE 8th

1-This Convention will be open to the signing of all States at the headquarters of the Nations Organization United, in New York. Any State which has not signed this Convention before its entry into force, in accordance with § 3rd of this Article, may accede to it at any time.

2-This Convention will be subject to ratification of signatory states The instruments of ratification and those of accession shall be deposited with the Secretary-General of the United Nations

3-This Convention shall enter into force between States which have deposited the instruments of ratification when it is deposited with the Secretary-General of the United Nations the fifth instrument of ratification.

4-For States, whose instruments of ratification or accession are deposited after entry into the vigor of this Convention, this shall enter into force on the date of the deposit of its instruments of ratification or accession.

5-The Secretary-General of the United Nations shall inform without delay all States signatories to this Convention, and those who have accede to it, of the date of each signature, the deposit of each instrument of ratification or accession to this Convention, of the date of its entry into force, as well as of any other observation.

ARTICLE 9th

Any State-Party of this Convention may propose amendments. The amendments shall enter into force, for each State-Party to this Convention which accepts them, after the approval of the majority of the States Parties to the Convention, and, from then on, for each of the other States Parties to this Convention, on the date of their acceptance.

ARTICLE 10

Ten years after the entry into force of this Convention, the question on its revision should be included in the order of the provisional day of the General Assembly of the United Nations, in order to study, based on the experience of implementing this Convention, whether it needs revision. Notwithstanding, at any time, after five years of the Convention, at the request of a third of the States Parties to this Convention and with the agreement of the majority of them, a conference of the States Parties to this Convention is to be convened with the goal of reviewing it. This review will take into consideration, especially, all pertinent technological advances, including those related to the identification of space objects.

ARTICLE 11

Any State-Party of this Convention may, one year after its entry into force, communicate its intention to cease to be a party, by means of written notification sent to the Secretary-General of the United Nations. The notification will take effect one year after the date of receipt.

ARTICLE 12

The original of this Convention, whose texts in Arabic, Chinese, Spanish, French, English and Russian are likewise identical, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies of the same Convention to all signatory States and to those who accede to it.

IN FÉ than, the undersigned, duly accredited by their respective governments for that an end, signed this Convention, open for signature in New York in fourteen January of a thousand nine hundred and sevent-five.